This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic.

This article introduces a new formulation of the interest theory of rights. The focus is on ‘Bentham’s test’, which was devised by Matthew Kramer to limit the expansiveness of the interest theory. According to the test, a party holds a right correlative to a duty only if that party stands to undergo a development that is typically detrimental if the duty is breached. The article shows how the entire interest theory can be reformulated in terms of the test. The article (...) then focuses on a further strength of the interest theory, brought to the fore by the new formulation. In any Western legal system, the tortious maltreatment of a child or a mentally disabled individual results in a compensatory duty. The interest theory can account for such duties in a simple and elegant way. The will theory, on the other hand, struggles to explain such compensatory duties unless it abandons some of its main tenets. (shrink)

This edited work collates novel contributions on contemporary topics that are related to human rights. The essays address analytic-descriptive questions, such as what legal personality actually means, and normative questions, such as who or what should be recognised as a legal person. As is well-known among jurists, the law has a special conception of personhood: corporations are persons, whereas slaves have traditionally been considered property rather than persons. This odd state of affairs has not garnered the interest of legal theorists (...) for a while and the theory of legal personhood has been a relatively peripheral topic in jurisprudence for at least 50 years. As readers will see, there have recently been many developments and debates that justify a theoretical investigation of this topic. Animal rights activists have been demanding that some animals be recognized as legal persons. The field of robotics has prompted questions about driverless cars: should they be granted a limited legal personality, so that the car itself would be responsible for damages? This book explores such concepts and touches on matters of bioethics, animal law and medical law. It includes matters of legal history and appeals to both legal scholars and philosophers, especially those with an interest in theories of law and the philosophy of law. (shrink)

The Article analyzes the notion of legal “thinghood” in the context of the person–thing bifurcation. In legal scholarship, there are numerous assumptions pertaining to this definition that are often not spelled out. In addition, one’s chosen definition of “thing” is often simply taken to be the correct one. The Article scrutinizes these assumptions and definitions. First, a brief history of the bifurcation is offered. Second, three possible definitions of “legal thing” are examined: Things as nonpersons, things as rights and duties, (...) and things as property. The first two definitions are rejected as not being very interesting or serving any heuristic function. Conversely, understanding legal things as property is meaningful, useful, and helps to understand what it means to say that animals are legally things. Defining things as property has certain rather important implications, which are analyzed at the end of the Article. For instance, not everything needs to be either a person or a thing: The historical institution of outlawry involved treating individuals neither as legal persons nor as legal things. One must conclude that the person–thing bifurcation is less fundamental than is often assumed. (shrink)

Hillel Steiner has recently attacked the notion of inalienable rights, basing some of his arguments on the Hohfeldian analysis to show that infinite arrays of legal positions would not be associated with any inalienable rights. This essay addresses the nature of the Hohfeldian infinity: the main argument is that what Steiner claims to be an infinite regress is actually a wholly unproblematic form of infinite recursion. First, the nature of the Hohfeldian recursion is demonstrated. It is shown that infinite recursions (...) of legal positions ensue regardless of whether inalienable rights exist or not. Second, the alleged problems that this might pose for the analysis are discussed. The conclusion is that one should not worry about the recursion as long as one understands correctly the role of the Hohfeldian analysis in normative reasoning. (shrink)

Professor Matthew Kramer is one of the most important legal philosophers of our time - even if the label 'legal philosopher' does not do justice to the breadth of his work. This collection of essays brings together esteemed philosophers, as well as junior scholars, to critically assess Kramer's philosophy. The contributions focus on Kramer's work on legal philosophy, metaethics, normative ethics, and political philosophy. The volume is divided into six parts, each focusing on different aspect of Kramer's work. The first (...) part, Rights and Right-holding, contains five essays addressing Kramer's work on rights and right-holding, including the Hohfeldian analysis and the interest theory of right-holding. The four essays in the second part, General Jurisprudence, focus on Kramer's work in general jurisprudence, from the compatibility of legal positivism with universal legal error, to his robust defense of inclusive legal positivism, concluding with reflections on his writings on the rule of law. The third part, General Matters of Ethics, contains two essays addressing Kramer's metaethical work on moral realism as a moral doctrine. The fourth and fifth parts, Freedom and Liberalism, have four essays falling within political philosophy, probing Kramer's work on negative freedom and political liberalism, respectively. The sixth part, Applied Ethics, contains two essays on Kramer's work on capital punishment and freedom of expression. The collection is rounded off by reflections on, and replies to, the contributions by Kramer himself. (shrink)

Obra ressenyada: Visa A. J. KURKI and Tomasz PIETRZYKOWSKI, Legal Personhood : Animals, Artificial Intelligence and the Unborn. Springer International Publishing, 2017.

It has been debated whether the so-called attention economy, in which the attention of agents is measured and sold, jeopardizes something of value. One strand of this discussion has focused on so-called attention rights, asking: should attention be legally protected, either by introducing novel rights or by extending the scope of pre-existing rights? In this paper, however, in order to further this discussion, we ask: How is attention already protected legally? In what situations does a person have the right to (...) attention under current law? -/- Unlike (Chomanski, Neuroethics 16:1–11, 2023), who discusses an overall right to attention, or (Puri, Rutgers Law Record 48:206–221, 2021), who discusses an overall right to attentional privacy, in this paper we focus on two types of situations in which a person’s attention is already protected by legal regulation. Sustained attention-requiring tasks can be jeopardized by distractions whereas attentiveness to certain kind of stimuli can be jeopardized by immersive stimuli. That is why distractions are regulated in situations where an agent has what we call a concentration right and immersive stimuli are regulated in situations where an agent has what we call a duty to be attentive. The further analysis of these situations provides an understanding of the legal means by which attention is already regulated, which can be helpful when thinking about how it should be regulated in the future. (shrink)

A relatively recent form of animal activism is lawsuits intended to declare some animals as legal persons. A pioneer of this approach is the U.S.-based Nonhuman Rights Project. This organization’s primary strategy has been to invoke the writ of habeas corpus, which protects the right to personal freedom of “persons.” The article criticizes the notion of legal personhood that the NhRP is employing and explains how an alternative understanding of legal personhood could perhaps make nonhuman rights more palatable for courts.

The chapter argues that the traditional theories of legal personhood, which associate legal personhood with the holding of rights, are outdated and should be reassessed. Many modern theories of rights come into conflict with our convictions regarding who or what is a legal person. For instance, most jurists would agree that foetuses are not natural persons but new-born children are. However, if we apply the so-called interest theory of rights, we will note that foetuses hold various rights, such as rights (...) against certain forms of abortion. If right-holding entails legal personality, then foetuses are already legal persons. On the other hand, if we apply the will theory, which associates right-holding with the power to control others’ duties, then infants do not hold any rights at all – and are consequently not legal persons. This is why the chapter outlines an alternative theory of legal personhood. The main tenets of the theory are: (1) legal personality is not binary but rather a matter of degree, and (2) X’s legal personality involves primarily the endowment of X with incidents of legal personhood, much like ownership can be understood as consisting of separate but interconnected incidents. Rather than being a “solved” theoretical issue, the definition of legal personhood should occupy theorists more in the future. (shrink)

C'est avec un eclat a la mesure de sa popularite, que se ranime la figure de l'athlete grec lors des Jeux qu'embrase un symbolique flambeau venu d'Olympie. Pourtant, connaissons-nous bien cet athlete si souvent invoque dans notre heritage antique? Pour tenter d'y repondre, cette etude recense tous les textes qui d'Homere a la fin du Ve siecle avant J.-C., y font reference. Or l'athlete, destine a se produire dans un spectacle sportif, est l'objet de bien des regards. a travers donc (...) differents genres litteraires et temoignages artistiques, sur le mode heroique, elogieux ou critique, dans une optique medicale ou sous le masque metaphorique, le voile se leve sur un athlete dont l'image emprunte bien des nuances, suivant la personnalite et la sensibilite de chaque auteur, suivant egalement l'evolution du cadre historique et la progression des pensees. De cette investigation, l'image de l'athlete ressortira-t-elle aussi exemplaire? (shrink)

In this chapter I focus on two problems facing immigration systems around the world, and Australia in particular. The topics addressed are chosen because each one involves important fundamental rights and because significant improvement in these areas is possible even if each state acts alone, without significant coordination with others. First, I examine refugee programmes, focussing specifically on the ‘two- tier’ refugee programmes pioneered by Australia with the introduction of Temporary Protection Visas by the Howard Government in 1999. Next, I (...) look at recent declines in refugee resettlement schemes from already stingy levels and, in relation to Australia in particular, I show how the tying of resettlement numbers to the number of affirmative asylum claims granted is both wrong- headed and counterproductive. The second area of immigration policy explored is family migration, another area where immigration systems around the world have been moving in the wrong direction, often via less than transparent administrative processes. Australia is no exception. While Australia’s family migration system is reasonably good on its face, in practice there are several factors which make the programme significantly less than satisfactory from the perspective of protecting the basic rights of migrants and, arguably more importantly, citizens. These problems can and should be fixed in straightforward ways, and since doing so would be more just, would have few— if any— significant negative consequences, and in fact would have a number of clear benefits, those changes should be made. (shrink)

At the beginning of 2020, COVID-19 became a global problem. Despite all the efforts to emphasize the relevance of preventive measures, not everyone adhered to them. Thus, learning more about the characteristics determining attitudinal and behavioral responses to the pandemic is crucial to improving future interventions. In this study, we applied machine learning on the multi-national data collected by the International Collaboration on the Social and Moral Psychology of COVID-19 (N = 51,404) to test the predictive efficacy of constructs from (...) social, moral, cognitive, and personality psychology, as well as socio-demographic factors, in the attitudinal and behavioral responses to the pandemic. The results point to several valuable insights. Internalized moral identity provided the most consistent predictive contribution—individuals perceiving moral traits as central to their self-concept reported higher adherence to preventive measures. Similar was found for morality as cooperation, symbolized moral identity, self-control, open-mindedness, collective narcissism, while the inverse relationship was evident for the endorsement of conspiracy theories. However, we also found a non-negligible variability in the explained variance and predictive contributions with respect to macro-level factors such as the pandemic stage or cultural region. Overall, the results underscore the importance of morality-related and contextual factors in understanding adherence to public health recommendations during the pandemic. (shrink)

This volume provides the first complete edition of the third and final surviving draft of John Locke's Essay Concerning Human Understanding, dating from 1685, four years before the publication of the Essay itself (December 1689). There is a General Introduction that gives a detailed account of the content and circumstances of composition of this draft, and a Textual Introduction that provides a full description of the manuscript and its0history.

This volume sheds new light on Alexander of Aphrodisias' On Mixture and Growth as an intelligent and carefully crafted rebuttal of Stoic blending, which Alexander regarded as the closest rival of his own brand of hylomorphism. The authors explore Alexander's dialectical method and determine the precise character of the Stoic theory he attacks. The problematic notions of mutual co-extension and infinite division appear in their proper context, while the successive stages of the process of blending are carefully distinguished from the (...) resulting state of the blend. In this perspective the discussion of growth that closes Alexander's work finds its natural place. (shrink)

In 1976 Raymond Williams commented, ‘Culture is one of the two or three most complicated words in the English language.’ Such implied difficulty has not prevented Bloomsbury Academic, since the 2000s, from publishing around forty series of their well-produced and generously illustrated Cultural Histories, with, according to their website, a further fifty in progress. Each series contains six volumes, each book covering, in theory, the same chronological period (antiquity, the Middle Ages, the Renaissance, the Enlightenment, the age of empire and (...) the modern age), though there is some variation depending on precise topic. The idea is that one can use these books not only to read ‘horizontally’ about a subject across time, but also ‘vertically’ through different subjects in the same period – a idea made easier by the e-texts of the series on Bloomsbury's website. (shrink)

Each of two mutually recognising persons knows herself to be capable of and responsible for acting toward the other in ways that presuppose the other’s capability and responsibility for doing the same. The lecture brings out some egalitarian, libertarian and solidaristic aspects of an interpersonal ideal of mutual recognition, and it considers conversation, friendship and respect for right as three main examples of the syndrome.

Individuals and businesses make numerous payments every day. They sometimes have choices about what forms of payment to make or accept, and at other times are effectively forced to use a particular form. Often there is an asymmetric power relationship between payer and payee that raises the issue of whether one side unfairly exploits the other. Is it unethical exploitation for an employer to pay employees with a fee-laden payroll card over other more convenient forms of payment? Does the fee (...) structure of payment networks such as Visa and MasterCard unfairly exploit merchants? The bitcoin payment system is an ethical as well as technological evolution as it was designed to be an electronic payment system that does not rely upon trust. Can an entire payment system like bitcoin be “evil,” as charged by Krugman? Payment tools as such are ethically neutral, but can be used in an ethical or unethical manner. (shrink)

Priest’s 2014 theory of unity and identity, based on a paraconsistent logic, has a wide range of applications. In this paper, I apply his theory to some puzzles concerning mereology and topology. These puzzles suggest that the classical mereotopology needs to be revised. I compare and contrast the Priest-inspired solution with another, based on classical logic, that requires the co-location of boundaries. I suggest that the co-location view should be preferred on abductive grounds.

. I find it impossible to imagine that this book will not remain indefinitely the very best book of its sort."—Review of Metaphysics "The confrontation or conjunction of Ayer and Russell is a notable event and has produced a remarkable ...

Fraenkel dismissed Epode 11 with the statement that it ‘is an elegant piece of writing, but there is little real life in it’. By this ambiguously expressed comment he did not mean that the poem fails to ‘come alive’, but that it is artificial: he saw the poem as little more than an assembly of themes and motifs which recur in other genres, especially epigram and elegy. This has also been the perspective of some other twentieth-century scholars: Georg Luck's self-styled (...) ‘interpretation’ of the poem consists largely of a numbered list of thirteen motifs which the epode has in common with elegy and which in Luck's opinion were derived by Horace from Gallus. Alessandro Barchiesi, on the other hand, capitalizes on the perceived elegiac motifs in order to see the poem as a dynamic fusion of elegy and iambus. As for commentators, although older representatives seem to have regarded Epode 11 as generally self-explanatory, the poem receives increasing attention from Cavarzere, Mankin and Watson, the last of whom originally discussed some of its problems in a paper published twenty years earlier. Yet various problems still remain, and in this paper I propose to re-examine lines 1–6 and 15–18 in the hope that a clearer view of the epode as a whole may emerge. (shrink)

Stakeholder involvement in design is desirable from both a practical and an ethical point of view. It is difficult to do well, however, and some problems recur again and again, both of a practical nature, e.g. stakeholders acting strategically rather than openly, and of an ethical nature, e.g. power imbalances unduly affecting the outcome of the process. Hidden Design has been proposed as a method to deal with the practical problems of stakeholder involvement. It aims to do so by taking (...) the observation of stakeholder actions, rather than the outcomes of a deliberative process, as its input. Furthermore, it hides from stakeholders the fact that a design process is taking place so that they will not behave differently than they otherwise would. Both aspects of Hidden Design have raised ethical worries. In this paper I make an ethical analysis of what it means for a design process to leave participants uninformed or deceived rather than acquiring their informed consent beforehand, and to use observation of actions rather than deliberation as input for design, using Hidden Design as a case study. This analysis is based on two sets of normative guidelines: the ethical guidelines for psychological research involving deception or uninformed participants from two professional psychological organisations, and Habermasian norms for a fair and just process. It supports the conclusion that stakeholder involvement in design organised in this way can be ethically acceptable, though under a number of conditions and constraints. (shrink)

Albert O. Hirschman was a development economist and political theorist whose work is essential reading for anyone interested in understanding how economic life figures in the political worlds we inhabit and the ways in which we give meaning to our lives in market-based societies. Perhaps best known for the distinction between 'exit' and 'voice', Hirschman was a prolific theorist who wrote about the role individual moral virtue and individual self-interest should play in economic activity, how economic growth in the developing (...) world might best be achieved, and the reactionary rhetoric of neo-conservative politicians in the late 1980s, to list but some of the areas he covered. Hirschman's writing was elegant; further, he understood the importance of the well-chosen word. He was, as this new biography by Jeremy Adelman shows, an economist for whom the essays of Montaigne were as important as the writings of Ricardo and Smith. (shrink)

Invisible Hand accounts of the operations of the competitive market are often thought to have two implications for morality as it confronts economic life. First, explanations of agents economic activities eschew constitutive appeal to moral notions; and second, such moralism is pernicious insofar as it tends to undermine the operations of a socially valuable social process. This is the Mandevillean Conceit. The Conceit rests on an avarice-only reading of the profit-motive that is mistaken. The avarice-only reading is not the only (...) way of characterising the profit-motive, and there are some positive grounds for thinking the benefits of profit pursuit are better attributed to the "lucrephile", and not the avarice-only "lucrepath". (shrink)

One of the most famous inscriptions to have survived from ancient Rome is the acta of the Ludi Saeculares of 17 b.c., and one of the most evocative of all epigraphic sentences occupies a line to itself : Carmen composuit Q. Horatius Flaccus. This reference to the author of the Carmen Saeculare, says Fraenkel, ‘was the result of a carefully considered decision of the highest authorities’. The degree of careful consideration is initially evident from the prominent positioning of the poet's (...) name directly above those of Augustus and Agrippa in the following line. It will also be noticed that the sentence concludes with a clausula which is one of Cicero's favourites. A further refinement emerges, however, if the poet's name is spelled out in full, something precluded by the naming conventions of the inscription:Cārmēn cōmpŏsŭīt ´ Quīntŭs Hŏrātĭūs | Flaccus.The inscribed sentence incorporates an Asclepiad line, the ‘signature’ metre of Odes 1–3, which are framed by Horace's only two poems in stichic Asclepiads. In identifying the author of the Carmen Saeculare, the sentence also acknowledges the collection of poems which won him the commission. (shrink)

This book collects the work of leading scholars on Alain Badiou and G.W.F. Hegel, creating a dialogue between, and a critical appraisal of, these two central figures in European philosophy.

Wittgenstein's book On Certainty which was first published in 1969, eighteen years after his death, is a collection of notes which he composed during the last eighteen months of his life. As his editors explain in their preface, these notes, which were written at four different periods, are all in the form of a first draft. They are more repetitive than they no doubt would have been if Wittgenstein had been able to revise them. Even so, they are characteristically succinct (...) and penetrating, and the argument which they develop is easier to follow than that of the general run of Wittgenstein's later work. (shrink)

This book outlines the realist and pluralist philosophy of John Anderson, Australia's most original thinker, whose articles and teaching at Sydney University have deeply influenced Australian intellectual life. Several main themes run though his work, but Anderson never gave an overall account of his views. This is remedied here: in exhibiting the range of Anderson's thought, from logic, epistemology and theory of mind, to language and social theory, Baker's work sketches realism as a systematic philosophical position and shows something of (...) the history of ideas in Australia. This book will be of particular interest to historians of modern philosophy and those studying realism. (shrink)